Kitchener – Notice Regarding Adjourned Family Matters and re-Scheduling of Conferences, Motions and Trials in Family and Child Protection Matters

Issued June 26, 2020

Rescheduling of Adjourned Case Conferences, Motions, and Trials

  1. Counsel must agree to at least 3 dates for re-scheduling their matter, and then must contact the trial coordinator to advise of same. The TC will advise counsel of the date set.
  2. For all matters for which a date has not been agreed by July 9, 2020 at noon, a date and time will be assigned during Virtual Assignment Courts to be held July 14 – 17, 2020 by Zoom, with appearances at 9:30 am and 1:30 pm.
  3. On July 10, 2020, by 5:00 pm, dockets of all cases put to Virtual Assignment Courts will be circulated through the email of the Waterloo Region Law Association and FLOWR. Matters will be numbered and will appear on one of the Assignment Court Lists. Counsel must review the lists to determine the dates and times that their matters will be heard. Counsel will be advised of the Zoom call-in information for each of the assignment Courts.
  4. It is the expectation of the court that counsel will advise any self-represented party of the contents of this notice to ensure that both parties are available at the virtual assignment courts. Counsel must advise any self-represented party on a matter of the date and time of the matter, and the Zoom call-in details.
  5. Counsel must canvas dates in advance with the other parties prior to their matter being called during the Assignment Court.
  6. Where parties are represented, only fully briefed and instructed counsel shall attend and not their clients.

Rescheduling of Adjourned Trials

  1. For all adjourned family law trials, counsel must agree with opposing party as to the trial sitting requested over the next 12 months starting with the sitting scheduled for November 2020 and advise the TC in advance of the Assignment Court of their request, and then need not attend. The record will be endorsed with the new trial date.

Continued Application of Regional Notices and Protocol

  1. The following directions continue to apply:
    1. The Protocol dated April 7, 2020 continues to apply with respect to the materials to be filed for specific types of appearance. That Protocol is hyperlinked here: https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/cs-family-child-protection/

CHILD PROTECTION

  1. Counsel and opposing parties must agree to at least 3 dates for re-scheduling their matter, and then contact the trial coordinator to advise of same. The TC will assign the date.
  2. For all matters for which a date has not been agreed to in advance by July 2, 2020, a date and time will be assigned during Virtual Assignment Courts to be held July 6 – 10, 2020 by Zoom.
  3. Appearances will be staggered through the day at 15-minute intervals, commencing at 9:00 am and running until 4:30 pm.
  4. All appearances will take place on Zoom, by audio only. Counsel will be provided with the call-in information for their appearance in advance of the assignment courts and the list will be provided in advance of the Assignment Courts.
  5. The CAS must advise self-represented respondents of the date, time, and call-in information for each matter where there are self-represented parties.
  6. These are scheduling appearances onlyand therefore no materials are required to be filed.
  7. There must only be one and the same CAS lawyer per virtual courtroom each day.
  8. Where all parties are represented, counsel are encouraged to arrange for CAS counsel to be agent on the scheduling appearance. In that event, counsel must provide CAS counsel with their availability in advance.
  9. Where parties are represented, only fully briefed and instructed counsel shall attend and not their clients.

Continued Application of Regional Notices and Protocol

  1. The following directions continue to apply:
    1. Regional Notice to the Profession dated June 26, 2020 (effective July 6, 2020) will apply.
    2. The Protocol dated April 7, 2020 continues to apply with respect to the materials to be filed for specific types of appearance. That Protocol is hyperlinked here: https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/cs-family-child-protection/